| Source: | All England Reporter |
| Publisher Citation: | [2002] All ER (D) 08 (Aug) |
| Neutral Citation: | [2002] EWHC 1648 (Ch) |
| Court: | Chancery Division |
| Judge: | Neuberger J |
| Representation | Gabriel Moss QC (instructed by Field Fisher Waterhouse) for the applicant. |
| Martin Pascoe QC (instructed by Lovells) for the defendants. | |
| Judgment Dates: | 2 August 2002 |
Catchwords
Company - Winding up - Stay of pending proceedings - Proceedings against company stayed - Applicant obtaining freezing order restraining company from disposing of assets - Parties discharging freezing order by consent on payment into joint account of moneys owed to company by third party - Whether moneys in joint account providing security for applicant in respect of proceedings against company - s 130(2).
The Case
On an application pursuant to s130(2) of the the court ruled that, on the facts of the instant case, moneys held in a joint account pursuant to a consent order were security for any judgment which the applicant might obtain in the claim and granted the applicant permission to proceed with its claim.
Practice Areas
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